Microsoft Signs Android Patent Deal With HTC
adeelarshad82 writes "Microsoft and HTC have signed a patent deal that will provide broad coverage under Microsoft's patent portfolio for HTC's mobile phones running the Android mobile platform. The announcement comes in the wake of a massive patent suit from Apple, which alleged 20 instances of patent infringement on the part of HTC."
Don't you?
This sounds like there's potential for a knock-down-drag-out fight between Microsoft/HTC and Apple (and tangentially Google). Should be good. I'll cook the popcorn...
This post was generated by a Cadre of Uber Monkeys for Monkey-Man2000 (603495).
This is a weird world we're living in. Microsoft is offering patent protection to an open source product to counter lawsuits by Apple, thereby increasing the viability of the open source platform to spite Apple's own platform, even though Microsoft also has a competing platform.
Well, I guess I still hate Apple, so.. go Microsoft!
"Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
Beneath that rhetoric of unity, however, is an implication that, given the chance, Microsoft may go after other Android handset manufacturers who infringe on its IP.
Not likely. Once it goes to court their whole racketeering operation will have to shut down. Far better to bank out of court settlements based on vague threats than going the Apple route and listing the patents begging for invalidation.
Google should sue anyone who makes a deal with Microsoft. Because what's the point if you have to pay Microsoft for using Android?
I really enjoy my Palm Pre Plus, but its 'software ecosphere' is really suffering. This news reinforces that fact.
Good-bye
I guess it's the usual FUD. As usually MS claims their IP got violated, however without telling which ones. Barking dogs...
Yes, quite. All the way through the point when HTC becomes "Microsoft HTC."
This is what Im trying to figure out. Obviously the two different OS's come from completely different roots, what is it that could possibly be infringing on patents of Microsoft? Unless of course its one of those obscure patents on something like a "popup window" or some crap like that. I dont understand how anybody is supposed to innovate in this day in age when doing anything new like playing mine sweeper in hard mode.
We're talking about episode VI, right? Vader kills the Emperor? /. crowd?
So I guess, this is enough for Microsoft (or its ghost) to be welcomed by Yoda, Obi-Wan or the
Hmm, on the other hand I was always a Star Trek fan myself, so I might be shooting blanks here...
Violence is the last refuge of the incompetent. Polar Scope Align for iOS
As Engadget points out (or maybe just theorizes), the licencing fee for android patents is about the same as the regular licence fee for Windows Mobile (aka Windows Phone 7), thereby making it a wash for phone developers.
They're really just trying to level the playing field (in a shitty way).
-Taylor
Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
What Microsoft Patents does Android infringe on?
Let's see ...
... handheld device that is or isn't Zune compatible ... technilogical advancement that does not include Bob ... I'm sure there are others.
Electronic computing device that is not made by Apple
Here I thought Google was going to stand behind the manufacturers who were supporting Android. I wonder where they went when Microsoft called HTC?...
That may be, and it is understandable to be wary. However, I wonder if Microsoft is doing a different strategy, more along the lines of "the enemy of my enemy is my friend".
If one looks at things objectively, in a corporate environment as of now, Android is not a threat to Windows Mobile. It does not have true memory card encryption which is required in a lot of enterprises. Nor can it really be bound to Exchange where it supports profiles like disabling cameras, limiting what software is installed (on Windows Mobile, companies can have their own signing key to only let apps that are vetted in house run,) and other items which might be used for regulatory compliance.
I'm also sure that Microsoft knows that if HTC is crushed by Apple, then more people will end up on the iPhone. It is the lesser of two evils. Android which is limping along slowly but surely and suffering from fragmentation, versus the iPhone which has the ability to cause a lot of lock-in. It is easier to move a customer from Android to Windows Phone 7 than it is from the iPhone platform. So, by siding with the lesser of two evils, MS is preventing Apple from getting an overwhelming death grip on the market.
It's a trap!
mod me funny
It hurt my brain.
I mean, *really* hurt my brain.
Eviscerati.Org: All Hail the Eviscerati
Any of that would just lead to me buying from nokia. Plain and simple, iphone already is too locked down, windows is windows, and if android phone makers pull that crap I just will use this one till it dies then get a nokia.
This stuff is just a way to put themselves out of business.
which one is farnsworth and which one is rca so i know who to root for?
http://www.physlink.com/education/askexperts/ae408.cfm
ip law doesn't reward inventors. ip law rewards assholes with big pockets. as this case shows, ip law is a farce, its a way for big companies to waste a lot of money on lawyer whores
if you are the little guy who thinks that copyright is for authors, and patents are for inventors, you're a fool
ip law is for distributors and large corporations. real creators are screwed. stop being naive
in the name of the highest ideals of western democracy, fuck ip law, it should be actively undermined and destroyed by anyone with morality and principles. we can't work through our governments and legislators, they're all whores to the patronage system. its up to the common man to destroy the entire rotten edifice
i'm not talking about revolution or any such nonsense. i'm talking about piracy. i'm talking about hitting them in their wallets. with any luck, we can bankrupt the organizations that profit from the idea of "intellectual property", and thereby destroy the validity of the idea itself in anyone's eyes
aarrrrrrrrrrrrrrrrrr!!!
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Microsoft is using the backdoor again to not only make profit but get another foot in the door of OpenSource.Will Google sit idly by and not take any action? Is there anyone who can stop this evil machine? Is the future of Android doomed? Just when things were starting to look up. Oh well, Long Live Lucid Lynx...
I don't completely agree with this. For one Android is so much limping along slowly, so much as it is growing in the consumer division for those people who really don't want AT&T or Apple. I have seen many of a people choose an Android phone over Windows Mobile and iPhone. However you are right when you say the corporate problems that Android has. Android does not offer the type of security that Windows Mobile does when dealing with encryption standards, profiles, or anything you would need for the corporate infrustructure when dealing with PII. However, if you are looking at it from strictly a corporate standpoint wouldn't Blackberry be MS biggest competitor when dealing with that market as they have had a stranglehold on it due to what they support? As I have worked in both the DOD and DOE only the blackberry is used to sync to their network. So saying that Android is limping along is invalid, since if you look outside the corporate infrastructure they have done nothing but grow.
is it FUD when every HTC andriod phone comes with an additional microsoft license fee? Is it FUD when people bust their ass coding software and MS comes along and charges for that software? Is it FUD now that any attempt to sell devices with Linux on it will result in a license fee? passed down to you? This is the REALITY not FUD. its REAL. And the more the Linux community buries their head in the sand and just write this off as FUD the more MS will run this extortion racket ala SCO behind their backs. Microsoft can go FUCK itself.
Linux is no longer free in a commercial environment. If you run Linux you owe Microsoft money. That's the bottom line. Who the fuck woulda thunk?
what this does is makes linux more expensive to deploy for manufactures than windows. And since Linux and company could not care less and really does not care Microsoft will win.
A very good strategy on Microsoft's part. I wonder how long this will last and what it will allow HTC to use. Possible HTC phone in the future that runs Android and includes some Microsoft R&D projects?
Even in the enterprise is it growing, it supports activesync with SSL so that is fine for email and calendar for most.
Blackberries here are on the way out, the OS sucks, BES got worse going from 4 to 5 and it constantly fails for one person which requires restarting the services for everyone.
I looked at as much press as I could find about this, and I cannot find anything that says exactly what IP Android infringes on. I smell a rat.
Has anybody seen anything that names the protected IP? What is it in Android that infringes on Microsoft's IP? And if Android does infringe, why aren't they going after Motorola?
More Linux FUD from Microsoft and friends.
there are 3 kinds of people:
* those who can count
* those who can't
Seriously - how the crap can anyone point to the patent system and say that it promotes innovation?
Small company might run afoul of a larger one, so it finds another larger one to partner with. Sort of a mutually-assured-destruction patent scenario. The product doesn't change a single bit. It still infringes on whatever Apple patents it may have infringed upon. It just has a new benefactor that Apple knows it cannot beat in a patent war.
Software patents are so broken it's insane. When will we finally ditch the whole idea?
Weaselmancer
rediculous.
I can understand that, there was an article just the other day that I wish I could cite, that said the good and bad of every phone in the Enterprise world. The two leaders to date as far as security and how well they protect information and work within the enterprise were Windows Mobile 7 and Blackberries. So though BES is getting worse and Android is growing, they were still one of the worst phones for use in an enterprise environment. I can see that changing in the near future as it is opensource and with all the apps that are coming out and developers that would like to use this in an enterprise.
I doubt MS forced HTC's hand on this one. They've arguably been the only thing keeping windows mobile from being a complete failure. They've consistently released the best selling windows mobile phones with the best hardware and UIs available. Sure everyone likes getting money, but anything HTC can give MS is chump change. Hell, MS gives away money just for using bing to buy stuff. I imagine the untold details of this arrangement have much more to do with how HTC will help MS make WinMo7 succeed. MS needs a high quality phone line-up for WinMo7 and HTC has consistently given them that in the past. Who else can they realistically turn to? Sony? Motorola? Samsung? None of them were able to offer windows mobile phones that were nearly as compelling as HTC's.
Interestingly enough we are seeing the same thing play out in the android universe. Other than the Droid HTC phones are dominating the field. It's in both Google and MS's best interests to keep HTC alive, happy and hopefully developing the best phones for their platform. It's no coincidence that Apple is targeting them.
I used to say "Nokia or nothing", I still love their quality, and usability of Nokia phones (keyboard, layout, etc)... But they've got to seriously improve Symbian. And good luck finding good/living/improving apps for it - seems nobody develops for Symbian anymore. Not to mention that prices for Nokia phones are insane. I mean I've got Nexus One for about 25% cheaper than price for quite obsolete model N97 - isn't it crazy?!
Microsoft doesn't tell *you* which ones. That doesn't mean they haven't told others, such as HTC, Amazon, Samsung, LG, and the others who have decided to license their patents.
The point is that Microsoft hasn't and won't openly disclose the 235 or so patents that they hold and Linux supposedly violates. It's not relevant whether the general public knows what the patents are, but rather that Microsoft threatens hardware integrators instead of approaching Linux kernel developers about what can be done to fix this. Racketeering is Microsoft's strategy for dealing with Linux, evidently, because they could put an end to all of this and prevent it from reoccurring really easily.
So Microsoft uses its patents against a Linux (Android is a Linux). Didn't the Open Inventions Network (Google, HP, Sun, IBM, ...) promise to sue every company X doing this based on EVERY SINGLE patent they own and that are violated by X?
The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
I think anything would be better than buying a smartphone from Nokia...
Are you being serious?
Msft owns the US DoJ. Remember the US DoJ getting all over msft about 15 years ago?
"Nice company you have there; it would be a shame if something were to happen to it."
I think you got the whole FUD dilemma wrong. Or maybe I do.
The pattern with the HTC/Android case is the same as with the Novell situation. MS and HTC make a deal on whatever they think is beneficial to their businesses. In the light of the deal a MS-rep claims MS patents are being violated and they won't go after HTC or their customers.
These press releases leave an impression in people like me, that are evaluating the rollout of Linux and/or Android deployments, that if it's not being done with products being covered by an agreement like the above, MS is gonna come after them. Some now might be too scared of using Linux and either buy the MS-sanctioned products or go with something else entirely. I for one think, this is just saber-rattling; MS legal department doing the job of their marketing department. Microsoft is a company like every other. They have to report to their shareholders/owners and noone else (apart from legal entities). Since their agreement with Novell in 2006 they didn't do a thing to enforce their right they'd be entitled to. They could have made a fortune in court by suing commercial linux customers in the US or at least doing business with entities based in the US.
The reality is, that they didn't. It's 3 1/2 years and Microsoft didn't enforce their claims a single time. 2009 was a good year for them, but in 2008 they would defenitely have needed to make their shareholders a little happier than it did. I don't know why they didn't go after commercial linux customers, but a few scenarios come to my mind: a) Microsoft fears that after a first strike a patent war might evolve and they might face a confrontation with IBM. b) They make more money with their OSS partners than they ever thought was possible. c) Their patent claim is, apart from a few minor things like the double-click being implemented in the major window managers, nothing but FUD
Seeing how Canonical and Red Hat didn't buy in their initial claim and how Intel and Nokia are about to roll out their joint Linux stack without having an IP licence agreement with MS makes me opt for c). Also, patents are not secret. Everyone can find them in the US Patent and Trademark Office's database. Given that there's no report of anyone with more insight in the Linux code than I have has found a single case of infringement in ~40 months strengthens my claim.
The reality is, mind me not using caps lock, so far Microsoft's patent claim has been nothing but sabre rattling. The reality is that all of the companies that have made an IP licence agreement with Microsoft are all affiliated with them in one way or another. Alltogether their agreements rather look like a tactical positioning to me than to enforce violated IP.
The reality is, we all pay MS tax one way or another, but not because Torvalds and friends ignored MS' patent portfolio and, to quote you, bury their heads in the sand. We pay that tax, because MS seeks allies for a possible future IP war. We pay the MS tax to fund a strong lobby for stronger IP laws. We pay the MS tax, but only if we buy products and services from MS or their Allies. (on a 2nd thought we might better call them the Axis)
we drain their treasury mate, we play robin hood with their booty
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Forget the US DoJ, they are a paper tiger.
Now the EU on the other hand, have actually enforced rulings on MS. Not only this HTC is a Taiwanese corporation, Taiwan (republic of/province of China) has some really special rules when it comes to MS software and software in general. Taiwan is the only place where it's legal to reverse engineer MS software, also being a province of china (depends who you believe) the government may also have access to the source code.
MS has the chance to be burned by this badly. But as many other posters have pointed out HTC rules WinMo, without HTC MS is in a really wont be able to push WinMo 7.
Calling someone a "hater" only means you can not rationally rebut their argument.
It's FUD because of who MS isn't going after (at least, not directly). IBM, Google, and Oracle/Sun. I think the main reason you don't see much of an uproar from the Linux community right now is because they're waiting for the conflict to reach these giants. MS used FUD to scare HTC and Novell into signing these agreements but those three big Linux companies aren't the type to be intimidated. They have the patents and the money to fight back and once Microsoft's FUD campaign becomes too aggressive and threatens one of them, it'll go to court. Getting into a patent dispute with IBM is suicide and that's exactly where this Linux-royalty strategy of Microsoft's will take them.
So I'm pretty optimistic about the whole situation. This "be very afraid" strategy is short-sighted. It's extortion and extortion only works on those you can outmuscle.
"From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
tens of millions of poor media hungry and technologically savvy teenagers from around the globe
versus
a couple thousand fucking lawyers
who's going to win this contest?
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
There's long years of history regarding those companies that entered into agreements with Microsoft. As usual, it's a company with technology that Microsoft does not have. Grab your bowl of popcorn and enjoy the show - but don't be distracted by the Google / Apple / MS bickering. HTC is the company to watch as they learn what so many others have over the years. Very few (if any) companies survive making technology deals with Microsoft.
Sorry, but I just installed Fedora without MS seeing a cent of my money...
I switched from the iPhone to the N900 a few months ago, and have yet to even consider regretting it. Maemo is nice, and its open, and the N900 is a nice bit of kit too.
This seems like a great opportunity for Google to not just 'not be' evil, but to actively suppress evil. MS has been threatening Linux for years by citing various IP infringements, but, as far as I know, they've never actually detailed what they believe is infringing (so that the community could try to work around these or maybe someone could challenge the legitimacy of said patents). I can't think of anyone in a better position than Google to find out what MS thinks the problem is and lead the effort to work around it. Of course they could already be moving in this direction but just keeping quiet about it.
At this point Google Android would be in a better position if they had used the GPL.
that's cold man, real cold
i have to rethink my entire worldview, my entire ideology now
thanks a lot
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
If MS thinks that the android *COULD* violate or intersect some of its patents then why dont they just sue google instead of HTC? maybe i am missing the whole idea of this. i don't know really what this article means. why should people buying android have to pay a higher price because MS screams that something *could* be IP infringement.>?
The vast majority of us here want to abolish software patents. I'm posting informative links and pointing people to something they can do to contribute to this shared goal.
We've got *loads* of work to do, so it would be silly and pointless not to tell people about it.
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